on appeals from the united states district court for the middle district of alabama

Nos. 00-132 and 00-133. Decided November 27, 2000

Per Curiam.

These cases involve a challenge to Alabama state legislative districts under the equal protection principles announced by this Court in Shaw v. Reno, 509 U. S. 630 (1993). Appellees, the plaintiffs below, are white Alabama voters who are residents of various majority-white districts. The districts in which appellees reside are adjacent to majority-minority districts. All of the districts were created under a state redistricting plan whose acknowledged purpose was the maximization of the number of majority-minority districts in Alabama. Appellants in No. 00-132 are a group of African-American voters whose initial state lawsuit resulted in the adoption of the redistricting plan at issue. Appellants in No. 00-133 are Alabama state officials.

Appellees brought suit in the United States District Court for the Middle District of Alabama challenging their own districts as the products of unconstitutional racial gerrymandering. A three-judge court convened to hear the case pursuant to 28 U. S. C. §2284. The District Court ultimately held that seven of the challenged majority-white districts were the product of unconstitutional racial gerrymandering and enjoined their use in any election. 96 F. Supp. 2d 1301 (MD Ala. 2000). On direct appeal to this Court pursuant to 28 U. S. C. §1253, appellants in both cases contend, among other things, that appellees lack standing to maintain this suit under our decision in United States v. Hays, 515 U. S. 737 (1995). We agree.

Hays involved a challenge to Louisiana's districting plan for its Board of Elementary and Second